IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 357/2021, I.R.No. 94/2021 under section 144 of Cr.P.C./3175
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Orleanpet Police Station,
Puducherry.
. . Petitioner
Vs
Thiru Johnson (23),
S/o. Joseph (Late),
No. 14, 4th Cross,
Murugan Koil Street,
Orleanpet,
Puducherry.
. . Counter Petitioner
[ 3657 ]
Registered with the Registrar
of Newspapers for India
under No. 10410
Registered No. PY/44/2021-23
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La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - I
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EXTRAORDINAIRE
EXTRAORDINARY
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15 {
No.
300
Poudouchéry
Mercredi
15
Décembre
2021 (24 Agrahayana 1943)
No.
Puducherry
Wednesday
15th
December
2021
3658
LA GAZETTE DE L’ETAT
[ PART-I
3658
This petition along with case sheet is filed by the Station House Officer,
Orleanpet Police Station, Puducherry, praying to pass orders under section 144 of
Cr.P.C., against the Counter Petitioner to prevent imminent danger to human lives
and properties and disturbance to the public tranquility and order, in the jurisdiction
of this Court.
2. The Counter Petitioner is Thiru Johnson (23), son of Joseph, a resident
of No. 14, 4th Cross, Murugan Koil Street, Orleanpet, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
submitted by the Station House Officer, Orleanpet Police Station, Puducherry,
through the Superintendent of Police (East), Puducherry vide I.R. No. 94/2021 under
section 144 of Cr.P.C., dated 08-10-2021. Therein, it has been stated that the Counter
Petitioner has formed a gang of rowdies and indulging in crimes such as murder
and disturbance to the public tranquillity and order. The Counter Petitioner has
created panic in the minds of local inhabitants and the business community in the
city limit. It is also stated that he is leading lavish life with the money earned
through extortion. As a result the people of the locality being afraid of him do not
come forward to lodge any complaint against him.
4. The Petitioner further reported that, in-between on 04-07-2021 at 17.30
hours to 09-07-2021 at 23.15 hours at No. 08, 4th Cross, Periyar Nagar, Murugan
Koil Street, Orleanpet, Puducherry, the accused persons (1) Gowtham (23), son of
Gopal (late), No. 04, 8th Cross, Murugan Koil Street, Periyar Nagar, Orleanpet,
Puducherry, (2) Abraham (22), son of Selvanathan, No. 03, 10th Cross, Periyar Nagar,
Puducherry, (3) Johnson (23), son of Joseph (late), No. 14, 4th Cross, Murugan
Koil Street, Orleanpet, Puducherry, were arrested under the possession of one 7.62
SLR Rifle. During enquiry all the accused persons A1 to A3 in furtherance of
common intention committed house breaking in day time and stolen (1) one 7.62
mm rifle, (2) 3 knifes and (3) copper coils which were in the custody of Hon'ble III
Additional District Jurisdiction Court, Puducherry and kept in CP room situated in
Integrated Court Complex, Puducherry. In this connection, the Petitioner had stated
that the following criminal case was registered against the Counter Petitioner.
Cr.No. 98/2021 under section 25 (1A) of Arms Act, 1959 @ 454, 380 IPC
and 25(1A) of Arms Act, 1959 r/w 34 IPC, dated 09-07-2021.
5. It is also stated in the I.R that the Station House Officer has received
reliable information that the Counter Petitioner violated the conditions imposed by
the Criminal Courts while he was released on bail and he is desperate and is in dire
need of money to maintain his group of rowdy elements and to meet expenses in
connection with the trial in the pending criminal cases against him. The Counter
Petitioner is hatching plans to threaten the business people in the Puducherry urban
area and extort money from them by threatening. It is stated that the Counter
Petitioner is a young and very active notorious rowdy element and have become a
source of terror among the public. And also, the Counter Petitioner earned
displeasure among a section of other rowdy group in the area on account of the
grudge against him and hence, rival group is also waiting opportunity to take
revenge upon him. It is further stated that the Counter Petitioner is not a law abiding
person and have scant respect to the judiciary and rule of law.
6. The Petitioner further submitted that if the Counter Petitioner is allowed
to reside in Puducherry urban limits, it is apprehended that he would continue to
indulge in serious offences like murder, extortion, assault, obstructions and
annoyance, damages to the public and private properties, etc., and thereby emerged
PART-I ]
LA GAZETTE DE L’ETAT
3659
as a perennial source of threat to the community and disturb public peace and order.
Hence, the Station House Officer, Orleanpet Police Station, Puducherry, has prayed
to invoke provisions under section of 144 Cr.P.C., against the Counter Petitioner
do not to enter into the jurisdiction of this Court, for a period of two months as to
prevent danger to the human life and properties, and disturbance to the public
tranquility and order.
7. The proceeding was started by affording an opportunity to the Counter
Petitioner to show cause against the petition filed by the Petitioner. A notice was
served to both the parties on 29-10-2021 to appear for the hearing on 08-11-2021
and further hearing on 16-11-2021. It was instructed to serve the notice to the
Counter Petitioner through the Station House Officer, Orleanpet Police Station,
Puducherry. The notice was received by the Counter Petitioner.
8. On 16-11-2021, the Petitioner represented by Thiru Ramachandiran,
Assistant Sub-Inspector, Orleanpet Police Station, Puducherry and the Counter
Petitioner were present.
9. I have heard both the sides and carefully gone through all the available
records in file placed by the Petitioner. In the Police Information Report/Petition,
it is stated that the activities of the Counter Petitioner are in such a manner that he
may cause breach of peace and create a problem of law and order, and public
tranquility. He has involved in crimes such as unlawful activities and disturbance
to the public peace and order. There is one criminal case was registered against
him. I have also heard the oral submissions of the Counter Petitioner. The Counter
Petitioner has stated that the Petitioner has filed this false case with an ulterior
motive.
10. Upon hearing both sides and on perusal of the records submitted by
the Petitioner, I am of the opinion that if, the Counter Petitioner is allowed to reside
within the limits of my jurisdiction, the Counter Petitioner will continue to indulge
in and also motivate serious offences like murder, assault, damages to public and
private properties, obstructions, annoyance, etc., and thereby become a perennial
source of threat to the community and disturb public peace and order. Such
situations cannot be handled effectively by taking recourse to usual procedures
contemplated by law and hence, it is necessary that special provision under section
144 of Cr.P.C., is invoked to take action against the Counter Petitioner to prevent
harm to life and properties of citizens and uphold public peace and order.
11. Hence, I, M. Kandasamy, do hereby, in the capacity of Subdivisional
Magistrate (North), Puducherry, in exercise of the powers conferred under section
144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitioner Thiru Johnson (23), son of Joseph, a resident of No. 14, 4th Cross,
Murugan Koil Street, Orleanpet, Puducherry, from entering into the region under
the jurisdiction of the Subdivisional Magistrate Court (North), for a period of two
months from the date of this order or till any further orders are passed by the
Competent Authority revoking this prohibition as per law, whichever is earlier except
when you are summoned to attend the cases in any of the Courts in Puducherry.
However, the Counter Petitioner may represent against this order before the
undersigned by post or by Counsel.
At Puducherry, dated on this 16th day of November, 2021, pronounced in
the open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
3660
LA GAZETTE DE L’ETAT
[ PART-I
3660
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 358/2021, I.R.No. 95/2021 under section 144 of Cr.P.C./3174
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Orleanpet Police Station,
Puducherry.
. . Petitioner
Vs
Thiru Abraham (22),
S/o. Selvanathan,
No. 03, 10th Cross,
Periyar Nagar,
Puducherry.
. . Counter Petitioner
This petition along with case sheet is filed by the Station House Officer,
Orleanpet Police Station, Puducherry, praying to pass orders under section 144 of
Cr.P.C., against the Counter Petitioner to prevent imminent danger to human lives
and properties and disturbance to the public tranquility and order, in the jurisdiction
of this Court.
2. The Counter Petitioner is Thiru Abraham (22), son of Selvanathan,
a resident of No. 03, 10th Cross, Periyar Nagar, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
submitted by the Station House Officer, Orleanpet Police Station, Puducherry,
through the Superintendent of Police (East), Puducherry vide I.R.No. 95/2021 under
section 144 of Cr.P.C., dated 09-10-2021. Therein, it has been stated that the Counter
Petitioner has formed a gang of rowdies and indulging in crimes such as murder
and disturbance to the public tranquillity and order. The Counter Petitioner has
created panic in the minds of local inhabitants and the business community in the
city limit. It is also stated that he is leading lavish life with the money earned
through extortion. As a result, the people of the locality being afraid of him do not
come forward to lodge any complaint against him.
4. The Petitioner further reported that, In-between on 04-07-2021 at 17.30
hours to 09-07-2021 at 23.15 hours at No. 08, 4th Cross, Periyar Nagar, Murugan
Koil Street, Orleanpet, Puducherry, the accused persons (1) Gowtham (23), son of
Gopal (late), No. 04, 8th Cross, Murugan Koil Street, Periyar Nagar, Orleanpet,
Puducherry, (2) Abraham (22), son of Selvanathan, No. 03, 10th Cross, Periyar Nagar,
Puducherry, (3) Johnson (23), son of Joseph (late), No. 14, 4th Cross, Murugan
Koil Street, Orleanpet, Puducherry, were arrested under the possession of one 7.62
SLR Rifle. During enquiry all the accused persons A1 to A3 in furtherance of
common intention committed house breaking in day time and stolen (1) one 7.62
mm rifle, (2) 3 knifes and (3) copper coils which were in the custody of Hon’ble III
ADJ Court, Puducherry and kept in CP room situated in Integrated Court complex,
Puducherry. In this connection, the Petitioner had stated that the following criminal
case was registered against the Counter Petitioner.
PART-I ]
LA GAZETTE DE L’ETAT
3661
Cr.No. 98/2021 under section 25 (1A) of Arms Act, 1959 @ 454, 380 IPC
and 25(1A) of Arms Act, 1959 r/w 34 IPC, dated 09-07-2021.
5. It is also stated in the I.R that the Station House Officer has received
reliable information that the Counter Petitioner violated the conditions imposed by
the Criminal Courts while he was released on bail and he is desperate and is in dire
need of money to maintain his group of rowdy elements and to meet expenses in
connection with the trial in the pending criminal cases against him. The Counter
Petitioner is hatching plans to threaten the business people in the Puducherry urban
area and extort money from them by threatening. It is stated that the Counter
Petitioner is a young and very active notorious rowdy element and have become a
source of terror among the public. And also, the Counter Petitioner earned
displeasure among a section of other rowdy group in the area on account of the
grudge against him and hence, rival group is also waiting opportunity to take
revenge upon him. It is further stated that the Counter Petitioner is not a law abiding
person and have scant respect to the judiciary and rule of law.
6. The Petitioner further submitted that if the Counter Petitioner is allowed
to reside in Puducherry urban limits, it is apprehended that he would continue to
indulge in serious offences like murder, extortion, assault, obstructions and
annoyance, damages to the public and private properties, etc., and thereby emerged
as a perennial source of threat to the community and disturb public peace and order.
Hence, the Station House Officer, Orleanpet Police Station, Puducherry, has prayed
to invoke provisions under section 144 of Cr.P.C., against the Counter Petitioner do
not to enter into the jurisdiction of this Court, for a period of two months as to
prevent danger to the human life and properties, and disturbance to the public
tranquility and order.
7. The proceeding was started by affording an opportunity to the Counter
Petitioner to show cause against the petition filed by the Petitioner. A notice was
served to both the parties on 29-10-2021 to appear for the hearing on 08-11-2021
and further hearing on 16-11-2021. It was instructed to serve the notice to the
Counter Petitioner through the Station House Officer, Orleanpet Police Station,
Puducherry. The notice for the Counter Petitioner was received by his mother,
Tmt. S. Sagayamary. The service was held sufficient for the Counter Petitioner.
8. On 16-11-2021, the Petitioner represented by Thiru Ramachandiran,
Assistant Sub-Inspector, Orleanpet Police Station, Puducherry and the Counter
Petitioner were present.
9. I have heard both the sides and carefully gone through all the available
records in file placed by the Petitioner. In the Police Information Report/Petition,
it is stated that the activities of the Counter Petitioner are in such a manner that he
may cause breach of peace and create a problem of law and order, and public
tranquility. He has involved in crimes such as unlawful activities and disturbance
to the public peace and order. There is one criminal case was registered against
him. I have also heard the oral submissions of the Counter Petitioner. The Counter
Petitioner has stated that the Petitioner has filed this false case with an ulterior
motive.
10. Upon hearing both sides and on perusal of the records submitted by
the Petitioner, I am of the opinion that if the Counter Petitioner is allowed to reside
within the limits of my jurisdiction, the Counter Petitioner will continue to indulge
in and also motivate serious offences like murder, assault, damages to public and
private properties, obstructions, annoyance, etc., and thereby become a perennial
3662
LA GAZETTE DE L’ETAT
[ PART-I
3662
source of threat to the community and disturb public peace and order. Such
situations cannot be handled effectively by taking recourse to usual procedures
contemplated by law and hence, it is necessary that special provision under section
144 of Cr.P.C., is invoked to take action against the Counter Petitioner to prevent
harm to life and properties of citizens and uphold public peace and order.
11. Hence, I, M. Kandasamy, do hereby, in the capacity of Subdivisional
Magistrate (North), Puducherry, in exercise of the powers conferred under section
144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitioner Thiru Abraham (22), son of Selvanathan, a resident of No. 03, 10th Cross,
Periyar Nagar, Puducherry, from entering into the region under the jurisdiction of
the Subdivisional Magistrate Court (North), for a period of two months from the
date of this order or till any further orders are passed by the Competent Authority
revoking this prohibition as per law, whichever is earlier except when you are
summoned to attend the cases in any of the Courts in Puducherry. However, the
Counter Petitioner may represent against this order before the undersigned by post
or by Counsel.
At Puducherry, dated on this 16th day of November, 2021, pronounced in
the open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
————
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 359/2021, I.R.No. 96/2021 under section 144 of Cr.P.C./3173
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Orleanpet Police Station,
Puducherry.
. . Petitioner
Vs
Thiru Kumar @ Rajakumaran (28),
S/o. Ragavan,
No.75, Mettu Street,
Kuttiyankuppam,
Thookkanampakkam Post,
Cuddalore District, Tamil Nadu.
(Presently residing at Periyar Nagar,
Nellithope,
Puducherry.
. . Counter Petitioner
This petition along with case sheet is filed by the Station House Officer,
Orleanpet Police Station, Puducherry, praying to pass orders under section 144 of
Cr.P.C., against the Counter Petitioner to prevent imminent danger to human lives
and properties and disturbance to the public tranquility and order, in the jurisdiction
of this Court.
PART-I ]
LA GAZETTE DE L’ETAT
3663
2. The Counter Petitioner is Thiru Kumar @ Rajakumaran (28), son of
Ragavan, a resident of No. 75, Mettu Street, Kuttiyankuppam, Thookkanampakkam
Post, Cuddalore District, Tamil Nadu (Presently residing at Periyar Nagar, Nellithope,
Puducherry).
3. The facts which led up to the petition are briefly as follows: The case
submitted by the Station House Officer, Orleanpet Police Station, Puducherry,
through the Superintendent of Police (East), Puducherry vide I.R.No. 96/2021 under
section 144 of Cr.P.C., dated 10-10-2021. Therein, it has been stated that the Counter
Petitioner has formed a gang of rowdies and indulging in crimes such as murder
and disturbance to the public tranquillity and order. The Counter Petitioner has
created panic in the minds of local inhabitants and the business community in the
city limit. It is also stated that he is leading lavish life with the money earned
through extortion. As a result, the people of the locality being afraid of him do not
come forward to lodge any complaint against him.
4. The Petitioner further submitted that, on 13-07-2021 at 16.30 hours one
Thiru V. Damodaran, III Adittional District Judge, Puducherry, came to Station and
lodged a complaint, in which he stated that on 13-07-2021 at about 11.00 hours at
the case property room, Northern side of Court Complex, Integrated Court Complex,
Puducherry, the accused persons (A1) Kumar @ Rajakumaran (28), son of Ragavan,
No. 75, Mettu Street, Kuttiyankuppam, Thookkanampakkam Post, Cuddalore District,
Tamil Nadu, (A2) Akash (19), son of Kumar, No.16, 4th Cross, Murugan Koil Sreet,
Orleanpet, Puducherry, (A3) Saran @ Sinna Saran (19), son of Dass @ Murthy,
No. 523, 2nd Cross, Periyar Nagar, Nellithope, Puducherry, were joined together in
furtherance of common intention trespassed into the Court complex case property
room and committed theft of one Pistol and knifes. In this connection, the Petitioner
had stated that the following criminal case was registered against the Counter
Petitioner.
Cr.No. 99/2021 under sections 454, 380, 511 IPC @ 454, 380 IPC r/w
34 IPC, dated 13-07-2021 of Orleanpet Police Station, Puducherry.
5. It is also stated in the I.R that the Station House Officer has received
reliable information that the Counter Petitioner violated the conditions imposed by
the Criminal Courts while he was released on bail and he is desperate and is in dire
need of money to maintain his group of rowdy elements and to meet expenses in
connection with the trial in the pending criminal cases against him. The Counter
Petitioner is hatching plans to threaten the business people in the Puducherry urban
area and extort money from them by threatening. It is stated that the Counter
Petitioner is a young and very active notorious rowdy element and have become a
source of terror among the public. And also, the Counter Petitioner earned
displeasure among a section of other rowdy group in the area on account of the
grudge against him and hence, rival group is also waiting opportunity to take
revenge upon him. It is further stated that the Counter Petitioner is not a law abiding
person and have scant respect to the judiciary and rule of law.
6. The Petitioner further submitted that if the Counter Petitioner is allowed
to reside in Puducherry urban limits, it is apprehended that he would continue to
indulge in serious offences like murder, extortion, assault, obstructions and
annoyance, damages to the public and private properties, etc., and thereby emerged
as a perennial source of threat to the community and disturb public peace and order.
Hence, the Station House Officer, Orleanpet Police Station, Puducherry, has prayed
to invoke provisions under section 144 of Cr.P.C., against the Counter Petitioner
do not to enter into the jurisdiction of this Court, for a period of two months as to
prevent danger to the human life and properties, and disturbance to the public
tranquility and order.
3664
LA GAZETTE DE L’ETAT
[ PART-I
3664
7. The proceeding was started by affording an opportunity to the Counter
Petitioner to show cause against the petition filed by the Petitioner. A notice was
served to both the parties on 29-10-2021 to appear for the hearing on 08-11-2021
and further hearing on 16-11-2021. It was instructed to serve the notice to the
Counter Petitioner through the Station House Officer, Orleanpet Police Station,
Puducherry. The notice was received by the Counter Petitioner.
8. On 16-11-2021, the Petitioner represented by Thiru Ramachandiran,
Assistant Sub-Inspector, Orleanpet Police Station, Puducherry and the Counter
Petitioner were present.
9. I have heard both the sides and carefully gone through all the available
records in file placed by the Petitioner. In the Police Information Report/Petition,
it is stated that the activities of the Counter Petitioner are in such a manner that he
may cause breach of peace and create a problem of law and order, and public
tranquility. He has involved in crimes such as unlawful activities and disturbance
to the public peace and order. There is one criminal case was registered against
him in Orleanpet Police Station, Puducherry. I have also heard the oral submissions
of the Counter Petitioner. The Counter Petitioner has stated that the Petitioner has
filed this false case with an ulterior motive.
10. Upon hearing both sides and on perusal of the records submitted by
the Petitioner, I am of the opinion that if the Counter Petitioner is allowed to reside
within the limits of my jurisdiction, the Counter Petitioner will continue to indulge
in and also motivate serious offences like murder, assault, damages to public and
private properties, obstructions, annoyance, etc., and thereby become a perennial
source of threat to the community and disturb public peace and order. Such
situations cannot be handled effectively by taking recourse to usual procedures
contemplated by law and hence, it is necessary that special provision under section
144 of Cr.P.C., is invoked to take action against the Counter Petitioner to prevent
harm to life and properties of citizens and uphold public peace and order.
11. Hence, I, M. Kandasamy, do hereby, in the capacity of Subdivisional
Magistrate (North), Puducherry, in exercise of the powers conferred under section
144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitioner Thiru Kumar @ Rajakumaran (28), son of Ragavan, a resident of No. 75,
Mettu Street, Kuttiyankuppam, Thookkanampakkam Post, Cuddalore District,
Tamil Nadu (Presently residing at Periyar Nagar, Nellithope, Puducherry) from
entering into the region under the jurisdiction of the Subdivisional Magistrate Court
(North), for a period of two months from the date of this order or till any further
orders are passed by the Competent Authority revoking this prohibition as per law,
whichever is earlier except when you are summoned to attend the cases in any of
the Courts in Puducherry. However, the Counter Petitioner may represent against
this order before the undersigned by post or by Counsel.
At Puducherry, Dated on this the 16th day of November, 2021 pronounced
in the open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
PART-I ]
LA GAZETTE DE L’ETAT
3665
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 360/2021, I.R.No. 99/2021 under section 144 of Cr.P.C./3170
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Orleanpet Police Station,
Puducherry.
. . Petitioner
Vs
Thiru Gowtham (22),
S/o. Gopal,
No. 04, VIII Cross,
Murugan Koil Street,
Periyar Nagar,
Puducherry.
. . Counter Petitioner
This petition along with case sheet is filed by the Station House Officer,
Orleanpet Police Station, Puducherry, praying to pass orders under section 144 of
Cr.P.C., against the Counter Petitioner to prevent imminent danger to human lives
and properties and disturbance to the public tranquility and order, in the jurisdiction
of this Court.
2. The Counter Petitioner is Thiru Gowtham (22), son of Gopal, a resident
of No. 04, VIII Cross, Murugan Koil Street, Periyar Nagar, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
submitted by the Station House Officer, Orleanpet Police Station, Puducherry,
through the Superintendent of Police (East), Puducherry vide I.R.No.99/2021 under
section 144 of Cr.P.C., dated 26-10-2021. Therein, it has been stated that the Counter
Petitioner has formed a gang of rowdies and indulging in crimes such as attempt
to murder, hurt, extortion and disturbance to the public tranquillity and order . The
Counter Petitioner has created panic in the minds of local inhabitants and the
business community in the city limit. It is also stated that he is leading lavish life
with the money earned through extortion. As a result, the people of the locality
being afraid of him do not come forward to lodge any complaint against him.
In this connection, the Petitioner had stated that the following criminal cases were
registered against the Counter Petitioner.
1. Cr.No. 224/2017 under sections 294(b), 324, 506(ii) r/w 34 IPC of
Orleanpet Police Station, Puducherry – Pending Trial.
2. Cr.No. 60/2018 under section 34 E(i) and B IX of PP Act of Orleanpet
Police Station, Puducherry – Pending Trial.
3. Cr.No. 012/2019 under section 25(i) (a) of Arms Act of Orleanpet Police
Station, Puducherry – Pending Trial.
4. Cr.No. 51/2019 under section 25(i) (a) of Arms Act of Orleanpet Police
Station, Puducherry – Pending Trial.
3666
LA GAZETTE DE L’ETAT
[ PART-I
3666
5. Cr.No. 209/2020 under sections 147, 148, 307, 294(b) and 324 IPC r/w
149 IPC of Orleanpet Police Station, Puducherry – Pending Trial.
6. Cr.No. 98/2021 under section 25 (1A) of Arms Act, 1959 @ 454, 380
IPC and 25 (1A) of Arms Act, 1959 r/w 34 IPC of Orleanpet Police
Station, Puducherry – Pending Trial.
7. Cr.No. 89/2021 under sections 294(b), 353, 506(i) IPC r/w 149 IPC, dated
29-08-2021 of Orleanpet Police Station, Puducherry – Pending Trial.
4. It is also stated in the I.R that the Station House Officer has received
reliable information that the Counter Petitioner violated the conditions imposed by
the Criminal Courts while he was released on bail and he is desperate and is in dire
need of money to maintain his group of rowdy elements and to meet expenses in
connection with the trial in the pending criminal cases against him. The Counter
Petitioner is hatching plans to threaten the business people in the Puducherry urban
area and extort money from them by threatening. It is stated that the Counter
Petitioner is a young and very active rowdy element and have become a source of
terror among the public. And also, the Counter Petitioner earned displeasure among
a section of other rowdy group in the area on account of the grudge against him
and hence, rival group is also waiting opportunity to take revenge upon him.
6. The Petitioner further submitted that if the Counter Petitioner is allowed
to reside in Orleanpet Police Station, Puducherry, limits, it is apprehended that he
would continue to indulge in serious offences like riot, affray, criminal intimidation,
criminal trespass, assault, obstructions and annoyance, damages to the public and
private properties, etc., and thereby emerged as a perennial source of threat to the
community and disturb public peace and order. Hence, the Station House Officer,
Orleanpet Police Station, Puducherry, has prayed to invoke provisions under
section 144 of Cr.P.C., against the Counter Petitioner do not to enter into the
jurisdiction of this Court, for a period of two months as to prevent danger to the
human life and properties, and disturbance to the public tranquility and order.
7. The proceeding was started by affording an opportunity to the Counter
Petitioner to show cause against the petition filed by the Petitioner. A notice was
served to both the parties on 29-10-2021 to appear for the hearing on 08-11-2021
and further hearing on 16-11-2021. It was instructed to serve the notice to the
Counter Petitioner through the Station House Officer, Orleanpet Police Station,
Puducherry. The notice for the Counter Petitioner was received by his wife
Tmt. G. Sengathir. The service was held sufficient for the Counter Petitioner.
8. On 16-11-2021, the Petitioner represented by Thiru Ramachandiran,
Assistant Sub-Inspector, Orleanpet Police Station, Puducherry, were present. The
Counter Petitioner has failed to appear before the Court on hearing date.
9. I have heard the Petitioner and carefully gone through all the available
records placed before me. In the Police Information Report/Petition, it is stated that
the activities of the Counter Petitioner are in such a manner that he may cause
breach of peace and create a problem of law and order, and public tranquility. He
has involved in crimes such as unlawful activities, assault and disturbance to the
public peace and order. There are 7 criminal cases were registered against him in
Orleanpet Police Station. Puducherry.
10. On perusal of the records submitted by the Petitioner, I am of the
opinion that if, the Counter Petitioner is allowed to reside within the limits of my
jurisdiction, the Counter Petitioner will continue to indulge in and also motivate
PART-I ]
LA GAZETTE DE L’ETAT
3667
serious offences like murder, assault, damages to public and private properties,
obstructions, annoyance, etc., and thereby become a perennial source of threat to
the community and disturb public peace and order. Such situations cannot be
handled effectively by taking recourse to usual procedures contemplated by law
and hence, it is necessary that special provision under section 144 of Cr.P.C., is
invoked to take action against the Counter Petitioner to prevent harm to life and
properties of citizens and uphold public peace and order.
11. Hence, I, M Kandasamy, do hereby, in the capacity of Subdivisional
Magistrate (North), Puducherry, in exercise of the powers conferred under section
144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitioner Thiru Gowtham (22), son of Gopal, a resident of No. 04, VIII Cross,
Murugan Koil Street, Periyar Nagar, Puducherry, from entering into the region under
the jurisdiction of the Subdivisional Magistrate Court (North), for a period of two
months from the date of this Order or till any further orders are passed by the
Competent Authority revoking this prohibition as per law, whichever is earlier except
when you are summoned to attend the cases in any of the Courts in Puducherry.
However, the Counter Petitioner may represent against this order before the
undersigned by post or by Counsel.
At Puducherry, Dated on this the 16th day of November, 2021 pronounced
in the open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
————
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 361/2021, I.R.No. 100/2021 under section 144 of Cr.P.C./3171
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Orleanpet Police Station,
Puducherry.
. . Petitioner
Vs
Thiru Rajasekar (33),
S/o. Mokkan @ Murugesan,
No. 42, Ambethkar Nagar,
Attupatti,
Puducherry.
. . Counter Petitioner
This petition along with case sheet is filed by the Station House Officer,
Orleanpet Police Station, Puducherry, praying to pass orders under section 144 of
Cr.P.C against the Counter Petitioner to prevent imminent danger to human lives
and properties and disturbance to the public tranquility and order, in the jurisdiction
of this Court.
3668
LA GAZETTE DE L’ETAT
[ PART-I
3668
2. The Counter Petitioner is Thiru Rajasekar (33), son of Mokkan @
Murugesan, a resident of No. 42, Ambethkar Nagar, Attupatti, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
submitted by the Station House Officer, Orleanpet Police Station, Puducherry,
through the Superintendent of Police (East), Puducherry vide I.R.No. 100/2021 under
section of 144 of Cr.P.C., dated 27-10-2021. Therein, it has been stated that the
Counter Petitioner has formed a gang of rowdies and indulging in crimes such as
attempt to murder, hurt, extortion and disturbance to the public tranquillity and
order. The Counter Petitioner has created panic in the minds of local inhabitants
and the business community in the city limit. It is also stated that he is leading
lavish life with the money earned through extortion. As a result, the people of the
locality being afraid of him do not come forward to lodge any complaint against
him. In this connection, the Petitioner had stated that the following criminal case
was registered against the Counter Petitioner.
Cr.No. 202/2020 under sections 341, 302 IPC r/w 34 IPC @ 147, 148,
341, 302 IPC r/w 149 IPC of Orleanpet Police Station, Puducherry.
4. It is also stated in the I.R that the Station House Officer has received
reliable information that the Counter Petitioner violated the conditions imposed by
the Criminal Courts while he was released on bail and he is desperate and is in dire
need of money to maintain his group of rowdy elements and to meet expenses in
connection with the trial in the pending criminal cases against him. The Counter
Petitioner is hatching plans to threaten the business people in the Puducherry urban
area and extort money from them by threatening. It is stated that the Counter
Petitioner is a young and very active rowdy element and have become a source of
terror among the public. And also, the Counter Petitioner earned displeasure among
a section of other rowdy group in the area on account of the grudge against him
and hence, rival group is also waiting opportunity to take revenge upon him.
5. The Petitioner further submitted that if the Counter Petitioner is allowed
to reside in Orleanpet, Police Station, Puducherry, limits, it is apprehended that he
would continue to indulge in serious offences like riot, affray, criminal intimidation,
criminal trespass, assault, obstructions and annoyance, damages to the public and
private properties, etc., and thereby emerged as a perennial source of threat to the
community and disturb public peace and order. Hence, the Station House Officer,
Orleanpet Police Station, Puducherry, has prayed to invoke provisions under
section of 144 Cr.P.C., against the Counter Petitioner do not to enter into the
jurisdiction of this Court, for a period of two months as to prevent danger to the
human life and properties, and disturbance to the public tranquility and order.
6. The proceeding was started by affording an opportunity to the Counter
Petitioner to show cause against the petition filed by the Petitioner. A notice was
served to both the parties on 29-10-2021 to appear for the hearing on 08-11-2021
and further hearing on 16-11-2021. It was instructed to serve the notice to the
Counter Petitioner through the Station House Officer, Orleanpet Police Station,
Puducherry. The notice was received by the Counter Petitioner.
7. On 16-11-2021, the Petitioner represented by Thiru Ramachandiran,
Assistant Sub-Inspector, Orleanpet Police Station, Puducherry and the Counter
Petitioner were present.
8. I have heard both the sides and carefully gone through all the available
records in file placed by the Petitioner. In the Police Information Report/Petition,
it is stated that the activities of the Counter Petitioner are in such a manner that he
PART-I ]
LA GAZETTE DE L’ETAT
3669
may cause breach of peace and create a problem of law and order, and public
tranquility. He has involved in crimes such as unlawful activities and disturbance
to the public peace and order. There is one criminal case was registered against
him. I have also heard the oral submissions of the Counter Petitioner. The Counter
Petitioner has stated that the Petitioner has filed this false case with an ulterior
motive.
9. Upon hearing both sides and on perusal of the records submitted by
the Petitioner, I am of the opinion that if the Counter Petitioner is allowed to reside
within the limits of my jurisdiction, the Counter Petitioner will continue to indulge
in and also motivate serious offences like murder, assault, damages to public and
private properties, obstructions, annoyance, etc., and thereby become a perennial
source of threat to the community and disturb public peace and order. Such
situations cannot be handled effectively by taking recourse to usual procedures
contemplated by law and hence, it is necessary that special provision under section
144 of Cr.P.C., is invoked to take action against the Counter Petitioner to prevent
harm to life and properties of citizens and uphold public peace and order.
10. Hence, I, M. Kandasamy, do hereby, in the capacity of Subdivisional
Magistrate (North), Puducherry, in exercise of the powers conferred under section
144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitioner Thiru Rajasekar (33), son of Mokkan @ Murugesan, a resident of No. 42,
Ambethkar Nagar, Attupatti, Puducherry, from entering into the region under the
jurisdiction of the Subdivisional Magistrate Court (North), for a period of two
months from the date of this order or till any further orders are passed by the
Competent Authority revoking this prohibition as per law, whichever is earlier except
when you are summoned to attend the cases in any of the Courts in Puducherry.
However, the Counter Petitioner may represent against this order before the
undersigned by post or by Counsel.
At Puducherry, Dated on this the 16th day of November, 2021 pronounced
in the open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
————
IN THE COURT OF THE SUBDIVISIONAL MAGISTRATE (NORTH)
AT PUDUCHERRY
Present : Thiru M. KANDASAMY,
Subdivisional Magistrate (North).
M.C. No. 362/2021, I.R.No. 101/2021 under section 144 of Cr.P.C./3172
ORDER
(UNDER SECTION 144 OF Cr.P.C.)
State Represented by the Station House Officer,
Orleanpet Police Station,
Puducherry.
. . Petitioner
Vs
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LA GAZETTE DE L’ETAT
[ PART-I
3670
Thiru Sundar @ Sundaravelu (27),
S/o. Ellappan,
No. 551, 2nd Cross,
Periyar Nagar, Nellithope,
Puducherry.
. . Counter Petitioner
This petition along with case sheet is filed by the Station House Officer,
Orleanpet Police Station, Puducherry, praying to pass orders under section 144 of
Cr.P.C., against the Counter Petitioner to prevent imminent danger to human lives
and properties and disturbance to the public tranquility and order, in the jurisdiction
of this Court.
2. The Counter Petitioner is Thiru Sundar @ Sundaravelu (27), son of
Ellappan, a resident of No. 551, 2nd Cross, Periyar Nagar, Nellithope, Puducherry.
3. The facts which led up to the petition are briefly as follows: The case
submitted by the Station House Officer, Orleanpet Police Station, Puducherry,
through the Superintendent of Police (East), Puducherry vide I.R.No. 101/2021 under
section144 of Cr.P.C., dated 28-10-2021. Therein, it has been stated that the Counter
Petitioner has formed a gang of rowdies and indulging in crimes such as murder
and disturbance to the public tranquillity and order. The Counter Petitioner has
created panic in the minds of local inhabitants and the business community in the
city limit. It is also stated that he is leading lavish life with the money earned
through extortion. As a result, the people of the locality being afraid of him do not
come forward to lodge any complaint against him.
4. The Petitioner further submitted that, on 13-07-2021 at 16.30 hours one
Thiru V. Damodaran, III Adittional District Judge, Puducherry, came to Station and
lodged a complaint, in which he stated that on 13-07-2021 at about 11.00 hours at
the case property room, Northern side of Court Complex, Integrated Court Complex,
Puducherry the accused persons (A1) Kumar @ Rajakumaran (28), son of Ragavan,
No. 75, Mettu Street, Kuttiyankuppam, Thookkanampakkam Post, Cuddalore District,
Tamil Nadu, (A2) Akash (19), son of Kumar, No. 16, 4th Cross, Murugan Koil Sreet,
Orleanpet, Puducherry, (A3) Saran @ Sinna Saran (19), son of Dass @ Murthy,
No. 523, 2nd Cross, Periyar Nagar, Nellithope, Puducherry (4) Sundar @ Sundaravelu
(27), son of Ellappan, No. 551, 2nd Cross, Periyar Nagar, Nellithope, Puducherry,
were joined together in furtherance of common intention trespassed into the Court
complex case property room and committed theft of one Pistol and knifes. In this
connection, the Petitioner had stated that the following criminal case was registered
against the Counter Petitioner.
Cr.No. 99/2021 under sections 454, 380 r/w 511 IPC, dated 13-07-2021
of Orleanpet Police Station, Puducherry.
5. It is also stated in the I.R that the Station House Officer has received
reliable information that the Counter Petitioner violated the conditions imposed by
the Criminal Courts while he was released on bail and he is desperate and is in dire
need of money to maintain his group of rowdy elements and to meet expenses in
connection with the trial in the pending criminal cases against him. The Counter
Petitioner is hatching plans to threaten the business people in the Puducherry urban
PART-I ]
LA GAZETTE DE L’ETAT
3671
area and extort money from them by threatening. It is stated that the Counter
Petitioner is a young and very active notorious rowdy element and have become a
source of terror among the public. And also, the Counter Petitioner earned
displeasure among a section of other rowdy group in the area on account of the
grudge against him and hence, rival group is also waiting opportunity to take
revenge upon him. It is further stated that the Counter Petitioner is not a law abiding
person and have scant respect to the judiciary and rule of law.
6. The Petitioner further submitted that if the Counter Petitioner is allowed
to reside in Puducherry urban limits, it is apprehended that he would continue to
indulge in serious offences like murder, extortion, assault, obstructions and
annoyance, damages to the public and private properties, etc., and thereby emerged
as a perennial source of threat to the community and disturb public peace and order.
Hence, the Station House Officer, Orleanpet Police Station, Puducherry, has prayed
to invoke provisions under section 144 of Cr.P.C., against the Counter Petitioner
do not to enter into the jurisdiction of this Court, for a period of two months as to
prevent danger to the human life and properties and disturbance to the public
tranquility and order.
7. The proceeding was started by affording an opportunity to the Counter
Petitioner to show cause against the petition filed by the Petitioner. A notice was
served to both the parties on 29-10-2021 to appear for the hearing on 08-11-2021
and further hearing on 16-11-2021. It was instructed to serve the notice to the
Counter Petitioner through the Station House Officer, Orleanpet Police Station,
Puducherry. The notice for the Counter Petitioner was received by his mother
Tmt. Anusiya. The service was held sufficient for the Counter Petitioner.
8. On 16-11-2021, the Petitioner represented by Thiru Ramachandiran,
Assistant Sub-Inspector, Orleanpet Police Station, Puducherry and the Counter
Petitioner were present.
9. I have heard both the sides and carefully gone through all the available
records in file placed by the Petitioner. In the Police Information Report/Petition,
it is stated that the activities of the Counter Petitioner are in such a manner that
he may cause breach of peace and create a problem of law and order and public
tranquility. He has involved in crimes such as unlawful activities and disturbance
to the public peace and order. There is one criminal case was registered against
him. I have also heard the oral submissions of the Counter Petitioner. The Counter
Petitioner has stated that the Petitioner has filed this false case with an ulterior
motive.
10. Upon hearing both sides and on perusal of the records submitted by
the Petitioner, I am of the opinion that if the Counter Petitioner is allowed to reside
within the limits of my jurisdiction, the Counter Petitioner will continue to indulge
in and also motivate serious offences like murder, assault, damages to public and
private properties, obstructions, annoyance, etc., and thereby become a perennial
source of threat to the community and disturb public peace and order. Such
situations cannot be handled effectively by taking recourse to usual procedures
contemplated by law and hence, it is necessary that special provision under section
144 of Cr.P.C., is invoked to take action against the Counter Petitioner to prevent
harm to life and properties of citizens and uphold public peace and order.
3672
LA GAZETTE DE L’ETAT
[ PART-I
3672
11. Hence, I, M. Kandasamy, do hereby, in the capacity of Subdivisional
Magistrate (North), Puducherry, in exercise of the powers conferred under section
144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter
Petitioner Thiru Sundar @ Sundaravelu (27), son of Ellappan, a resident of No. 551,
2nd Cross, Periyar Nagar, Nellithope, Puducherry, from entering into the region
under the jurisdiction of the Subdivisional Magistrate Court (North), for a period
of two months from the date of this order or till any further orders are passed by
the Competent Authority revoking this prohibition as per law, whichever is earlier
except when you are summoned to attend the cases in any of the Courts in
Puducherry. However, the Counter Petitioner may represent against this order before
the undersigned by post or by Counsel.
At Puducherry, Dated on this the 16th day of November, 2021 pronounced
in the open Court.
M. KANDASAMY,
Subdivisional Magistrate (North).
————
online publication at “https://styandptg.py.gov.in”
Published by the Director, Government Press, Puducherry.